Skilled Myrtle Beach Shoplifting Criminal Defense Attorneys
Facing shoplifting charges in Myrtle Beach can be overwhelming. You may be unsure of what to expect, how severe the allegations are, or what your options might be. Even a minor retail theft charge can carry significant consequences, including jail time, fines, and a permanent criminal record that can follow you for years.
At David W. Martin Law Group, our Myrtle Beach criminal defense attorneys represent clients charged with shoplifting in both the Myrtle Beach Municipal Court and the Horry County Circuit Court. We understand how these cases are investigated, prosecuted, and resolved in South Carolina and are dedicated to helping our clients protect their rights, reputations, and futures.
Our team provides knowledgeable legal guidance and strong representation for individuals accused of shoplifting, regardless of the circumstances.
Understanding Shoplifting Charges in South Carolina
Shoplifting occurs when someone intentionally takes merchandise from a store without paying for it or alters price tags or labels to pay less than the item’s actual value. South Carolina law defines shoplifting under Section 16-13-110 of the South Carolina Code of Laws, which encompasses several types of conduct that can result in criminal charges.
A person may be charged with shoplifting if they:
- Take or carry away goods or merchandise without paying for them.
- Change or remove price tags or labels to pay less than the full retail price.
- Transfer items from one container to another to conceal their value.
- Work with another person to conceal or remove merchandise with the intent to steal.
The law does not require a completed theft to be charged. Concealing merchandise with the intent to avoid payment is sufficient to result in arrest and prosecution. South Carolina law creates a statutory presumption of an intent to steal when merchandise is concealed on one’s person or among one’s belongings. However, this presumption is rebuttable and often misunderstood by loss-prevention personnel.
Shoplifting charges are classified based on the value of the merchandise and whether the accused has any prior convictions for similar offenses.
- Shoplifting at $2,000 or less is a misdemeanor punishable by up to 30 days in jail and a fine of up to $1,000.
- Shoplifting valued at more than $2,000 but less than $10,000 is a felony that can result in up to five years in prison and significant fines.
- Shoplifting valued at $10,000 or more is a felony punishable by up to 10 years in prison.
- South Carolina also enhances penalties for third or subsequent shoplifting convictions, regardless of value. A third or subsequent offense is a felony punishable by up to 10 years in prison, even if the merchandise was worth $2,000 or less.
Each charge carries serious consequences, even for first-time offenders. A conviction can affect employment, education, and your ability to obtain housing. Our Myrtle Beach defense lawyers work tirelessly to challenge the evidence and protect your future.
Everyday Situations That Lead to Shoplifting Charges in Myrtle Beach
Shoplifting charges often arise from misunderstandings, mistakes, or impulsive decisions that are quickly regretted. In Myrtle Beach, a city renowned for its shopping centers, outlet malls, and tourism-driven retail areas, such incidents are common and often involve both visitors and residents.
Common situations that lead to shoplifting charges include:
- Forgetting to pay for an item at self-checkout.
- Accidentally leaving a store with unpaid merchandise in a cart or stroller.
- Disputes over mislabeled or incorrectly priced merchandise.
- Allegations of switching price tags or containers.
- Being accused of concealing merchandise without intent to steal.
- Group shopping trips, where one person’s actions lead to multiple arrests.
Even if the incident was accidental or based on a misunderstanding, loss prevention staff or police may still file charges. Once a report is made, the matter enters the criminal system, and the case must be defended strategically.
Our Experienced Myrtle Beach criminal defense attorneys understand how these situations unfold and can help clarify what really happened.
How Shoplifting Cases Are Prosecuted in Horry County
In Myrtle Beach, misdemeanor shoplifting cases are heard in the magistrate courts of Horry County, such as the Myrtle Beach Magistrate Court, or the municipal courts, such as the Myrtle Beach Municipal Court, while felony-level cases are prosecuted in the Horry County Circuit Court in General Sessions. The level of charge depends on the value of the items allegedly taken and whether the defendant has a prior conviction.
Prosecutors must prove beyond a reasonable doubt that you intended to deprive the store of its property. Intent is the key element, and it can often be difficult for the prosecution to establish.
Evidence used in these cases typically includes:
- Store surveillance video.
- Testimony from loss prevention or security personnel.
- Police reports and written statements.
- Physical evidence, such as receipts or merchandise.
In many cases, the evidence may be incomplete, unreliable, or based on assumptions. Our attorneys thoroughly investigate every detail, including how the evidence was obtained, whether your rights were violated, and whether the store’s procedures followed the law.
If weaknesses exist in the prosecution’s case, we move to have the charges reduced or dismissed.
Many retailers in South Carolina also issue civil demand letters seeking monetary penalties under the South Carolina Shoplifting and Employee Theft Civil Liability statute (§16-13-440). These civil demands are separate from criminal prosecution and must be evaluated carefully. If you have received a civil demand letter, you should consult with an attorney regarding your circumstances and legal rights.
Possible Defenses to Myrtle Beach Shoplifting Charges
Every case is unique, and the right defense strategy depends on the facts and circumstances surrounding the arrest.
Common defenses to shoplifting charges in South Carolina include:
- Lack of intent, meaning you did not intend to steal the merchandise.
- Mistaken identity, where witnesses or cameras incorrectly identified you.
- Ownership or right to possession, if you had a valid claim to the property, such as prior purchase, permission, or a receipt.
- False accusation, if the incident was fabricated or exaggerated.
- Unlawful search or seizure, if law enforcement violated your rights.
- Lack of evidence occurs when the prosecution cannot prove its case beyond a reasonable doubt.
- Failure of the State to prove statutory value thresholds, which can determine whether the charge is a misdemeanor or a felony.
Our Myrtle Beach defense attorneys carefully evaluate each case to determine which defenses apply. We also explore diversion programs, pretrial intervention, and other alternatives that may help you avoid a conviction or permanent record.
The Consequences of a Shoplifting Conviction
A conviction for shoplifting can have consequences that extend well beyond fines and jail time. It can impact your ability to move forward in your personal and professional life. Because shoplifting is considered a crime of dishonesty, even a minor conviction can carry a lasting stigma.
Consequences of a conviction may include:
- Difficulty finding employment, especially in retail or financial sectors.
- Permanent criminal record visible to employers and landlords.
- Fines, probation, or incarceration.
- Loss of eligibility for specific professional licenses.
- Immigration complications for non-citizens.
- Social and reputational harm.
Our goal is to minimize these long-term effects by challenging the evidence, negotiating reduced charges, or pursuing dismissal when possible.
Why Local Experience Matters in Myrtle Beach
Shoplifting cases in Myrtle Beach often involve large retail stores, outlet centers, and tourist-oriented businesses such as Coastal Grand Mall, Tanger Outlets, and Broadway at the Beach. Each retailer handles alleged theft differently, and local law enforcement agencies, such as the Myrtle Beach Police Department and the Horry County Police Department, have distinct procedures for arrest, evidence collection, and reporting.
Our attorneys regularly defend clients in Myrtle Beach Municipal Court and Horry County Circuit Court, and are familiar with the local prosecutors’ approach to these cases. We understand the diversion options available and how to negotiate for reduced penalties or alternative outcomes that protect your record.
Having a local defense attorney with this level of experience can make a meaningful difference in your case.
How David W. Martin Law Group Can Help
At David W. Martin Law Group, we provide personalized legal representation to individuals accused of shoplifting throughout Myrtle Beach and Horry County. Our defense strategy is based on a thorough understanding of local laws, courtroom procedures, and the approach prosecutors take in retail theft cases.
When you choose our firm, you can expect:
- Direct communication and honest legal advice.
- A detailed investigation of your case and the evidence against you.
- Aggressive defense in court and during negotiations.
- Representation focused on your best interests and long-term future.
- Compassionate support through every step of the process.
We believe every client deserves a fair defense and the opportunity to move forward without a lasting criminal record.
Contact Our Myrtle Beach Shoplifting Defense Lawyers
If you have been charged with shoplifting in Myrtle Beach or anywhere in Horry County, do not face the legal system alone. The consequences of a conviction can be severe, but you do not have to navigate them by yourself.
Call 803-548-2468 to schedule a confidential case review with a Myrtle Beach shoplifting defense lawyer at David W. Martin Law Group. We are ready to help you protect your rights and your future.
